Terms and conditions | Wordwriter AI

Terms and conditions

Last Updated: April 13, 2026

Welcome to Wordwriter AI (“Wordwriter,” “we,” “us,” or “our”). These Terms of Service (the “Agreement” or “Terms”) govern your receipt, access to, and use of the services provided by SALESGROUP, INC. (“Wordwriter AI”). By accessing or using our website located at https://wordwriter.co (the “Site”) or any services provided therein (the “Services”), you (“you” or “User”) signify that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.

IMPORTANT: SECTION 11 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

1. The Service

1.1 Service Description

Wordwriter AI is a cloud-based artificial intelligence platform that provides AI-powered writing assistance, content generation, and image generation for content marketing (the “Service”). The Application allows users to create written content, graphical representations of information, and AI-generated images.

AI Model Infrastructure. The Service is powered by multiple leading large language models, including Google Gemini, OpenAI, and Anthropic Claude. Our system automatically selects the most appropriate model for each request based on the nature of the question, task complexity, and content type in order to produce the best possible output for the User. Users acknowledge that:

(a) The specific underlying model used to fulfill any given request is determined dynamically by Wordwriter AI and may change at any time without notice; (b) Outputs may vary depending on which underlying model is selected; (c) Wordwriter AI does not guarantee that any specific model will be used for any specific request; and (d) Use of the Service is also subject to the usage policies of the underlying model providers, to the extent applicable.

Research content and outputs created by logged-in Users are automatically stored on data repositories under the Operator’s control. Anything the Customer (including Users) configures, customizes, uploads, generates, or otherwise utilizes through the Service is considered a “User Submission.” The Customer is solely responsible for all User Submissions it contributes to or generates through the Service. Additional terms regarding User Submissions, including ownership, are in Section 9.2 below.

The Service may include templates, scripts, documentation, prompts, and other materials that assist the Customer in using the Service (“Wordwriter AI Content”). Customers will not receive or have access to the underlying code or software of the Service (collectively, the “Software”) nor receive a copy of the Software itself.

1.2 Customer’s Subscription

Subject to the terms of this Agreement, Customer may purchase a subscription to, and has the right to access and use, the Service as specified in one or more ordering screens agreed upon by the parties through Wordwriter AI’s website or service portal that reference this Agreement and describe the business terms related to Customer’s subscription (“Order(s)”). All subscriptions are for the period described in the applicable Order (“Subscription Period”). Use of and access to the Service is permitted only for individuals authorized by the Customer and solely for Customer’s own internal business purposes, not for the benefit of any third party (“Users”).

1.3 Wordwriter AI’s Ownership

Wordwriter AI owns the Service, Software, Wordwriter AI Content, Documentation, and anything else provided by Wordwriter AI to the Customer (collectively, the “Wordwriter AI Materials”). Wordwriter AI retains all rights, title, and interest (including all intellectual property rights) in and to the Wordwriter AI Materials, all related and underlying technology, and any updates, enhancements, modifications, or fixes thereto, as well as all derivative works of or modifications to any of the foregoing. No implied licenses are granted under this Agreement, and any rights not expressly granted to the Customer are reserved by Wordwriter AI.

For clarity, Wordwriter AI does not own the underlying foundation models provided by Google, OpenAI, Anthropic, or any other third-party model provider. Such models remain the property of their respective owners and are used by Wordwriter AI under license or via API access.

1.4 Permissions

The Service includes customizable settings allowing Users to grant permissions to other Users to perform various tasks within the Service (“Permissions”). It is solely the Customer’s responsibility to set and manage all Permissions, including determining which Users can set such Permissions. Wordwriter AI has no responsibility for managing Permissions and no liability for Permissions set by the Customer and its Users.

The Customer may provide access to the Service to its Affiliates, in which case all rights granted and obligations incurred under this Agreement shall extend to such Affiliates. The Customer represents and warrants that it is fully responsible for any breaches of this Agreement by its Affiliates and has the authority to negotiate this Agreement on behalf of its Affiliates. The Customer is also responsible for all payment obligations under this Agreement, regardless of whether the use of the Service is by the Customer or its Affiliates. Any claim by an Affiliate against Wordwriter AI must be brought by the Customer, not the Affiliate. An “Affiliate” of a party means any entity directly or indirectly controlling, controlled by, or under common control with that party, where “control” means the ownership of more than fifty percent (50%) of the voting shares or other equity interests.

2. Acceptable Use and Restrictions

2.1 Customer’s Responsibilities

The Customer is responsible for all activity on its account and those of its Users, except where such activity results from unauthorized access due to vulnerabilities in the Service itself. The Customer will ensure its Users are aware of and comply with the obligations and restrictions in this Agreement, bearing responsibility for any breaches by a User.

2.2 General Use Restrictions

The Customer agrees not to, and not to permit Users or third parties to, directly or indirectly:

(a) modify, translate, copy, or create derivative works based on the Service; (b) reverse engineer, decompile, or attempt to discover the source code or underlying ideas of the Service, except as permitted by law; (c) sublicense, sell, rent, lease, distribute, or otherwise commercially exploit the Service; (d) remove proprietary notices from the Service; (e) use the Service in violation of any laws or regulations; (f) attempt unauthorized access to or disrupt the Service; (g) use the Service to support products competitive to Wordwriter AI; (h) test the Service’s vulnerability without authorization; (i) extract, scrape, or reverse-engineer the outputs of any underlying AI model in order to train, develop, or improve a competing model or service.

If the Customer’s use of the Service significantly harms Wordwriter AI or the Service’s security or integrity, Wordwriter AI may suspend access to the Service, taking reasonable steps to notify the Customer and resolve the issue promptly.

2.3 Prohibited Content – AI Image Generation

Wordwriter AI offers AI-powered image generation capabilities. Users are strictly prohibited from using the Service to generate, request, prompt, upload, store, distribute, or otherwise create any of the following content:

(a) NSFW content, including but not limited to nudity, sexually suggestive imagery, fetish content, or pornographic material of any kind; (b) Sexually explicit content, including AI-generated depictions of sexual acts, genitalia, or sexually arousing material; (c) Child sexual abuse material (CSAM) or any content that sexualizes, exploits, or endangers minors — this is an absolute prohibition with zero tolerance; (d) Non-consensual intimate imagery, “deepfake” pornography, or sexualized depictions of real or recognizable individuals without their explicit consent; (e) Content depicting graphic violence, gore, torture, or content created to glorify harm to humans or animals; (f) Content promoting terrorism, extremism, self-harm, suicide, or illegal activities; (g) Hateful, harassing, or discriminatory imagery targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics; (h) Content that infringes upon intellectual property rights, including unauthorized depictions of copyrighted characters, brands, or trademarks; (i) Content designed to deceive, defraud, or impersonate real individuals in a misleading manner.

Enforcement. Wordwriter AI uses a combination of automated content-safety filters (including those provided by underlying model vendors such as Google, OpenAI, and Anthropic) and human review to enforce these restrictions. Violations may result in:

Immediate removal of the offending content;
Suspension or permanent termination of the User’s account without refund;
Reporting to law enforcement where required by law (including mandatory reporting of CSAM under applicable statutes);
Forfeiture of any prepaid Fees;
Civil and/or criminal liability for the User.

The Customer acknowledges that the prohibitions in this Section 2.3 also apply to text-to-image prompts, image-to-image transformations, and any attempt to circumvent safety filters (including jailbreaking, prompt injection, or use of indirect language to elicit prohibited content).

3. Third-Party Services and Underlying AI Providers

The Service interfaces with and is powered by third-party products, services, and AI models, including those provided by Google (Gemini), OpenAI, and Anthropic (Claude), as well as other third-party products that are not owned or controlled by Wordwriter AI (“Third-Party Services”).

Customers acknowledge that:

(a) Use of the Service entails the routing of prompts and inputs to one or more Third-Party Service providers in order to generate outputs; (b) Each underlying model provider has its own usage policies, content policies, and terms applicable to inputs and outputs; (c) Wordwriter AI does not endorse any specific Third-Party Service and disclaims responsibility for the accuracy, reliability, or appropriateness of outputs generated by any underlying model; (d) AI-generated outputs may contain inaccuracies, fabrications (“hallucinations”), biases, or content that does not reflect reality, and Users should independently verify any output before relying on it for any consequential decision; (e) Should integration of the Service with any Third-Party Service require login or API credentials, Customers will be responsible for providing such information solely for the purpose of enabling Wordwriter AI to deliver its Service, and Customers affirm they have the authority to provide such information.

Wordwriter AI expressly disclaims all representations and warranties concerning Third-Party Services. Use of Third-Party Services is at the Customer’s own risk. Wordwriter AI shall not be liable for any issues arising from the use, modification, or unavailability of Third-Party Services.

4. Financial Terms

4.1 Fees

Customers are required to pay for access to and use of the Service as detailed in the applicable Order (“Fees”). All Fees will be charged in the currency stated in the Order or, if no currency is specified, in U.S. dollars. Payment obligations are non-cancellable and, except as explicitly stated in this Agreement, Fees are non-refundable. Wordwriter AI reserves the right to modify its Fees or introduce new fees in accordance with Section 10.3. Customers have the option not to renew their subscription if they disagree with any revised fees.

4.2 Payment

Wordwriter AI, either directly or through its third-party payment processor (“Payment Processor”), will bill the Customer for the Fees using the credit card or ACH payment information provided. Wordwriter AI reserves the right to charge the Customer’s payment method for any services provided under the Order, including recurring Fees. It is the Customer’s responsibility to ensure that Wordwriter AI has current and accurate payment information. Failure to provide accurate information may lead to a suspension of access to the Services. If the Customer pays through a Payment Processor, such transactions will be subject to the Payment Processor’s terms, conditions, and privacy policies, in addition to this Agreement. Wordwriter AI is not responsible for errors or omissions by the Payment Processor.

If the Customer authorizes recurring charges by accepting an Order, such charges will be automatically applied to the Customer’s payment method without further authorization until the Customer terminates this Agreement or updates their payment method.

4.3 Taxes

Fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes, imposed by any jurisdiction (collectively, “Taxes”). Customers are responsible for paying all Taxes associated with their purchases. If Wordwriter AI is obligated to pay or collect Taxes for which the Customer is responsible, Wordwriter AI will invoice the Customer for such Taxes unless the Customer provides a valid tax exemption certificate beforehand. Wordwriter AI is solely responsible for taxes based on its income, property, and employees.

4.4 Failure to Pay

If a Customer fails to pay any Fees when due, Wordwriter AI may suspend access to the Service until overdue amounts are paid. Wordwriter AI is authorized to attempt charging the Customer’s payment method multiple times if an initial charge is unsuccessful. If a Customer believes they have been incorrectly billed, they must contact Wordwriter AI within sixty (60) days from the first billing statement showing the error. Upon receiving a dispute notice, Wordwriter AI will review and provide the Customer with a written decision. If it is determined that the billed amounts are due, the Customer must pay these amounts within ten (10) days of receiving Wordwriter AI’s written decision.

5. Term and Termination

5.1 Agreement Term and Renewals

Subscriptions commence on the start date specified on the applicable Order (“Subscription Start Date”) and continue for the duration of the Subscription Period. Customers may opt not to renew their Subscription Period by notifying Wordwriter AI at [email protected] (provided that Wordwriter AI confirms such cancellation in writing) or by modifying their subscription through the Customer’s account settings.

This Agreement takes effect on the first day of the Subscription Period and remains effective for the duration of the Subscription Period stated on the Order, including any renewals and any period during which the Customer is using the Service, even if such use is not under a paid Order (“Term”). If a Customer cancels or chooses not to renew their paid subscription, the subscription will be downgraded to a version of the Service with reduced features and functionality (“Free Version”). Should this Agreement be terminated by either party, or should the Customer delete its workspace, access to the Free Version will also be revoked.

5.2 Termination

Wordwriter AI may terminate or suspend a Customer’s access to the Service at any time, with or without notice, based on the following restrictions. You may not:

(a) resell, rent, share, sublicense or otherwise commercially exploit the Services without our written consent; (b) share your user account with any third party; (c) assign internal user accounts included in your subscription plan to anyone outside your company or organization; (d) use the Services for any unlawful purpose; (e) work around any technical limitations in the Services; (f) interfere with or disrupt the integrity, security, functionality, or performance of the Services; (g) use the Services in any manner that damages our servers or interferes with any other party’s use of the Services; (h) create or attempt to create any derivative works of the Services; (i) access or use the Services to build a similar or competitive work or to train a competing AI model; (j) access or use the Services through any automated system other than a conventional web browser operated manually by you (e.g., bots or crawlers); (k) violate the prohibited content restrictions in Section 2.3, including generating NSFW, sexually explicit, or otherwise prohibited imagery.

5.3 Effect of Termination

If Wordwriter AI terminates this Agreement due to an uncured breach by the Customer, the Customer will pay any unpaid Fees covering the remainder of the then-current Subscription Period. No termination relieves the Customer of the obligation to pay any Fees due prior to the effective date of termination. Upon termination, all rights and licenses granted by Wordwriter AI cease immediately, and the Customer will lose access to the Service.

Within thirty (30) days of termination for cause, upon the Customer’s request, or if the Customer deletes its workspace, Wordwriter AI will delete the Customer’s User Information, including passwords, files, and submissions, unless an earlier deletion is requested in writing. For Customers using the Free Version, Wordwriter AI may retain User Submissions and User Information to facilitate continued use. Wordwriter AI may delete all User Submissions and User Information if an account remains inactive for more than six (6) months.

5.4 Survival

Sections titled “Wordwriter AI’s Ownership,” “Prohibited Content – AI Image Generation,” “Third-Party Services and Underlying AI Providers,” “Financial Terms,” “Term and Termination,” “Warranty Disclaimer,” “Limitation of Liability,” “Confidentiality,” “Data,” “Dispute Resolution – Binding Arbitration and Class Action Waiver,” and “General Terms” will survive any termination or expiration of this Agreement.

6. Warranties and Disclaimers

6.1 Customer Warranties

Customers represent and warrant that all User Submissions and all prompts submitted to the Service:

(a) Comply with all applicable laws, rules, and regulations; (b) Do not violate the prohibited content restrictions in Section 2.3; (c) Do not infringe the intellectual property or privacy rights of any third party; (d) Are submitted by Users who have authority to submit such content.

6.2 Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES AND ALL RELATED COMPONENTS, INCLUDING ALL AI-GENERATED OUTPUTS FROM ANY UNDERLYING MODEL (INCLUDING GEMINI, OPENAI, AND CLAUDE), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WORDWRITER AI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY OF AI-GENERATED OUTPUTS. CUSTOMERS ACKNOWLEDGE THAT WORDWRITER AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND THAT AI-GENERATED OUTPUTS MAY CONTAIN INACCURACIES OR FABRICATED INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

7. Limitation of Liability

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, WORDWRITER AI WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON THE USE OR ACCESS, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICE; LOST REVENUES OR PROFITS; LOSS OF BUSINESS OR GOODWILL; DATA CORRUPTION; SYSTEM FAILURES; OR DAMAGES ARISING FROM AI-GENERATED OUTPUTS, REGARDLESS OF THE LEGAL THEORY. WORDWRITER AI’S TOTAL LIABILITY WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY THE CUSTOMER FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER WORDWRITER AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

8. Confidentiality

8.1 Definition

Each party (the “Receiving Party”) recognizes that the other party (the “Disclosing Party”) may share business, technical, or financial information that is reasonably considered confidential (“Confidential Information”). For Wordwriter AI, Confidential Information includes non-public details about features, functionality, performance, model routing logic, and prompts. For Customers, Confidential Information comprises User Information and User Submissions. This Agreement and all related Orders are considered Confidential Information of both parties. Confidential Information does not include information that: (a) becomes publicly available without breach; (b) was known to the Receiving Party before disclosure; (c) is received from a third party without breach; or (d) was independently developed without using the Disclosing Party’s Confidential Information.

8.2 Protection and Use of Confidential Information

The Receiving Party must: (a) protect the Disclosing Party’s Confidential Information with at least the same degree of care it uses for its own similar information, but no less than a reasonable level of care; (b) restrict access to Confidential Information to Representatives bound by similar confidentiality obligations; (c) not disclose any Confidential Information to third parties without prior written consent, except as expressly stated herein; and (d) use the Confidential Information solely to fulfill obligations under this Agreement.

8.3 Compelled Disclosure

If required by law, the Receiving Party may disclose Confidential Information, provided that it notifies the Disclosing Party in advance (when legally permissible) and offers reasonable help, at the Disclosing Party’s expense, if the Disclosing Party wants to contest the disclosure.

8.4 Feedback

Customers may occasionally offer feedback on the Service (“Feedback”). Customers grant Wordwriter AI a royalty-free, worldwide, perpetual, irrevocable, fully transferable, and sublicensable license to use, disclose, modify, create derivative works from, distribute, display, and exploit any Feedback as Wordwriter AI sees fit, without any obligation or restriction, except for not identifying the Customer as the source of Feedback.

9. Data

9.1 User Information

Customers and their Users must provide information like names, email addresses, usernames, IP addresses, browsers, and operating systems (“User Information”) to access the Service. Customers authorize Wordwriter AI and its subcontractors (including underlying model providers Google, OpenAI, and Anthropic) to store, process, and retrieve User Information as part of the Service usage. Customers guarantee they have the necessary rights to provide User Information for processing as described in this Agreement.

9.2 User Submissions

Customers grant Wordwriter AI a non-exclusive, worldwide, royalty-free, transferable license to use, process, transmit to underlying AI model providers, and display User Submissions solely to provide the Service. Beyond the rights granted here, Customers retain all rights to User Submissions, with no implied licenses under this Agreement.

For clarity, when a User submits a prompt to the Service, the prompt may be transmitted to one or more of Google, OpenAI, Anthropic, or other underlying model providers based on the automatic routing logic described in Section 1.1. Such providers process the prompt under their own data-handling policies, and Wordwriter AI uses commercially reasonable efforts to select providers that do not train their foundation models on Customer prompts by default (where such options are available).

9.3 Service Data

Wordwriter AI collects data on Service performance and operation (“Service Data”) as Customers use the Service, including data on which underlying model was selected for which type of task, latency, and output quality signals. Provided Service Data is aggregated and anonymized, Wordwriter AI may use this data freely. Wordwriter AI owns all rights to Service Data, but will not identify Customers or Users as its source.

9.4 Data Protection and Privacy

Wordwriter AI maintains reasonable security practices to protect Customer Data, including User Submissions and User Information. Nonetheless, Customers are responsible for securing their systems and credentials. Wordwriter AI processes all Customer Data in accordance with its Data Processing Agreement, available at https://wordwriterai.com/legal/dpa, and its Privacy Policy, available at https://wordwriter.co/privacy, which describes in detail the third-party services we use (including analytics, advertising, and payment processing providers).

10. General Terms

10.1 Publicity

With prior written consent from the Customer, Wordwriter AI may identify the Customer and use the Customer’s name, logo, trademarks, or service marks on Wordwriter AI’s website and marketing materials.

10.2 Force Majeure

Wordwriter AI shall not be liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, including failures of third-party hosting or utility providers, outages or policy changes by underlying AI model providers, strikes (excluding those involving Wordwriter AI’s employees), riots, fires, natural disasters, wars, terrorism, pandemics, or government actions.

10.3 Changes to the Service and These Terms

Changes to the Service. Wordwriter AI’s service is an evolving, subscription-based product. We reserve the right to modify the Service at any time, including adding or removing features, changing the underlying AI models used, adjusting model routing logic, and adding or removing model providers. We will not materially reduce the core functionality available to active paying Customers during a paid Subscription Period without notice.

Changes to These Terms. We may revise these Terms from time to time. The “Last Updated” date at the top of these Terms indicates when they were last revised.

Material Changes. For changes that materially and adversely affect your rights or obligations — including changes to fees, dispute resolution, liability limits, data use, or your right to terminate — we will provide at least thirty (30) days’ advance notice before the changes take effect. Notice will be provided by email to the address associated with your account, by prominent posting within the Service, or both. If you do not agree to the material changes, your sole remedy is to terminate your subscription before the changes take effect; continued use of the Service after the effective date constitutes your acceptance of the revised Terms.
Non-Material Changes. For non-material changes (such as clarifications, typo corrections, new optional features, or updates required by law), the revised Terms will become effective immediately upon posting, and we will update the “Last Updated” date accordingly. Your continued use of the Service constitutes acceptance of such changes.
Legally Required Changes. Where changes are required by applicable law, regulation, or court order, such changes may take effect immediately or on the timeline required by law, with notice provided as soon as reasonably practicable.

No Waiver. Our failure to provide notice of any non-material change shall not invalidate the change or these Terms.

10.4 Relationship of the Parties

This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between Wordwriter AI and the Customer. Both parties are independent contractors.

10.5 No Third-Party Beneficiaries

This Agreement is strictly between Wordwriter AI and the Customer. It is not intended to benefit any third party, nor shall any third party have the right to enforce any of its terms.

10.6 Email Communications

Notices under this Agreement will be communicated via email, although Wordwriter AI may choose to provide notices through the Service instead. Notices to Wordwriter AI must be directed to a designated Wordwriter AI email, while notices to Customers will be sent to the email addresses provided by them through the Service. Notices are considered delivered the next business day after emailing or the same day if provided through the Service.

10.7 Amendment and Waivers

Except as set forth in Section 10.3 regarding modifications to these Terms, no other modifications to this Agreement will be effective unless in writing and signed or acknowledged by authorized representatives of both parties. Neither party’s delay or failure to exercise any right under this Agreement will be deemed a waiver of that right.

10.8 Severability

Should any provision of this Agreement be found unlawful or unenforceable by a court, it will be modified to the minimum extent necessary to make it lawful or enforceable, while the remaining provisions continue in full effect.

10.9 Assignment

Neither party may assign or delegate their rights or obligations under this Agreement without the other party’s prior written consent, except that Wordwriter AI may do so without consent in cases of mergers, acquisitions, corporate reorganizations, or sales of substantially all assets.

10.10 Governing Law and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, USA, excluding its conflict of laws principles. Subject to the mandatory arbitration provisions in Section 11, any disputes not subject to arbitration will be resolved exclusively in the state or federal courts located in Wilmington, Delaware, to which both parties irrevocably consent to personal jurisdiction and venue. Both parties waive any right to a jury trial for disputes arising under this Agreement. The prevailing party in any enforcement action is entitled to recover its reasonable costs and attorney fees.

11. Dispute Resolution – Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

11.1 Agreement to Arbitrate

You and Wordwriter AI agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms, (b) the Service, (c) any AI-generated outputs, (d) the relationship between you and Wordwriter AI, or (e) any communications, marketing, or advertising by Wordwriter AI (collectively, “Disputes”) shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as expressly set forth in Section 11.7 below.

This Agreement to Arbitrate is intended to be broadly interpreted and survives termination of this Agreement.

11.2 Informal Dispute Resolution (Pre-Arbitration Notice)

Before initiating arbitration, the parties agree to first attempt to resolve any Dispute informally for at least sixty (60) days. To begin this process, the party raising the Dispute must send a written Notice of Dispute to the other party.

Notices to Wordwriter AI must be sent to: [email protected] with the subject line “Notice of Dispute.”
Notices to the Customer will be sent to the email address on file for the account.

The Notice of Dispute must include: (a) the claimant’s name, address, and email; (b) a description of the nature and basis of the claim; (c) the specific relief sought; and (d) the claimant’s signature. The parties will make good-faith efforts to resolve the Dispute during the 60-day period. Arbitration may only be initiated after this period expires without resolution. Compliance with this informal dispute resolution process is a condition precedent to filing arbitration, and any applicable statute of limitations will be tolled during this period.

11.3 Arbitration Rules and Forum

If the Dispute is not resolved through informal negotiation, it shall be submitted to binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or its Streamlined Arbitration Rules if the amount in controversy is less than $250,000), which are available at www.jamsadr.com. If JAMS is unavailable or unwilling to administer the arbitration, the parties shall mutually select an alternative reputable arbitration provider; if they cannot agree, a court of competent jurisdiction shall appoint one.

Arbitrator. The arbitration will be conducted by a single neutral arbitrator who is a retired judge or an attorney with at least fifteen (15) years of experience in commercial, technology, or intellectual property law.
Location. The arbitration shall take place in Wilmington, Delaware, or, at the Customer’s election, the arbitration may be conducted by telephone, videoconference, or solely on the basis of written submissions if the amount in controversy is less than $25,000.
Governing Law. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section 11. The substantive law of the State of Delaware (excluding its conflict-of-laws principles) governs the merits of any Dispute.
Language. The arbitration shall be conducted in English.

11.4 Arbitrator’s Authority

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including the scope, applicability, enforceability, validity, or formation of this Agreement to Arbitrate, including any claim that all or part of this Section 11 is void or voidable. The arbitrator shall have the authority to grant any remedy that would otherwise be available in court, except that the arbitrator may not award relief on a class, collective, representative, or non-individualized basis. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.5 Class Action and Jury Trial Waiver

YOU AND WORDWRITER AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

Further:

(a) The arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding; (b) The arbitrator may not award relief to or against anyone who is not a party to the arbitration; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WORDWRITER AI WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION related to any Dispute.

If a court decides that applicable law precludes enforcement of any of the limitations in this Section 11.5 as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) shall be severed from the arbitration and may be brought in court, with all other claims proceeding in arbitration. If any provision of this class action waiver is found unenforceable, the entire Agreement to Arbitrate shall be null and void as to that claim, but shall otherwise remain in full force.

11.6 Mass Arbitration

If twenty-five (25) or more similar Notices of Dispute are filed against Wordwriter AI by or with the assistance of the same law firm or coordinated group of counsel within a sixty (60) day period (“Mass Arbitration”), the parties agree that JAMS shall administer the cases in batches of no more than fifty (50) claimants at a time (the “Bellwether Process”), with each batch resolved before the next batch proceeds. The statute of limitations and any filing fee deadlines shall be tolled for all claimants whose cases have not yet been selected for a batch. The parties agree this batching process is necessary to ensure efficient and fair resolution and to manage administrative costs.

11.7 Exceptions to Arbitration

Notwithstanding the foregoing, the following matters are not subject to arbitration and may be brought in a court of competent jurisdiction in Wilmington, Delaware:

(a) Claims for injunctive or other equitable relief to prevent or stop unauthorized use or misuse of the Service, infringement of intellectual property rights, or breach of confidentiality obligations; (b) Small claims court actions, provided the claim remains in that forum, is brought on an individual (non-class) basis, and falls within that court’s jurisdictional limits; (c) Disputes regarding the scope or enforceability of the class action waiver in Section 11.5 (which shall be decided by a court, not the arbitrator).

11.8 Arbitration Costs

Each party shall bear its own attorneys’ fees and costs in arbitration, except (a) as required by applicable law, (b) as may be awarded by the arbitrator under a fee-shifting statute or contractual provision, or (c) as set forth below. Filing and administrative fees shall be paid in accordance with the JAMS rules in effect at the time arbitration is commenced; however, if the Customer is an individual and demonstrates that the costs of arbitration would be prohibitive compared to litigation, Wordwriter AI will pay as much of the Customer’s filing and arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

11.9 Opt-Out Right

You have the right to opt out of this Section 11 (Dispute Resolution – Binding Arbitration and Class Action Waiver). To opt out, you must send written notice to [email protected] with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting these Terms (or, for existing Customers, within thirty (30) days of the date these arbitration terms were first added to the Agreement). Your opt-out notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms. If you fail to timely opt out, you will be bound by this Section 11.

11.10 Severability of Arbitration Provisions

Except as expressly stated in Section 11.5 regarding the class action waiver, if any portion of this Section 11 is found to be invalid or unenforceable, the remainder of this Section 11 shall remain in full force and effect.

11.11 Changes to This Section

Notwithstanding Section 10.3, if Wordwriter AI makes any future material change to this Section 11, you may reject that change by sending written notice to [email protected] within thirty (30) days of the change, in which case your account will be governed by the version of this Section 11 in effect immediately prior to the change. This does not constitute a withdrawal of your agreement to arbitrate.

12. Entire Agreement

This Agreement, including any referenced documents and Orders, constitutes the full agreement between Wordwriter AI and the Customer, superseding all prior discussions, agreements, and understandings of any nature.

Contact Us

If you have any questions about these Terms of Service, please contact us:

Wordwriter AI (SALESGROUP, INC.) Email: [email protected] Billing inquiries: [email protected] Website: https://wordwriter.co